JB/035/131/001

Click Here To Edit

24 May 1808 Jury analysed,

4 Ch. 3. Principal Utilities

§.2 — their importance Penal cases afford the most remarkable exemplification of this utility But of cases, penal in nature, though civil in name, the number & influences is important.
These advantages, it is true, depend more obviously,
and indeed probably in a in considerably greater degree on the application
of Jury trial to causes of the non criminal penal
class, in so far as they are capable of being distinguished a distinction in nature accompanies the distinction
in name than in its application to non-penal called civil causes.

But in a constitutional view its influence, as
applied to these civil causes is at once too extensive and multifarious
to be readily estimated, and much too great to be
safely neglected.

The constitutional efficacy of Jury trial extended to Scotland, by its efficacy in England. Of this part of its influence Scotland, it may be
remarked on the other side, has never had the benefit.
Besides, that as to this, by far the most important of the benefits of Jury trial, Scotland enjoys it.
But Scotland being the minor kingdom, the constitution
of enjoyed in Scotland has been the constitution
formed in England: formed in the major kingdom, the
constitution of which had had the full benefit of Jury trial
in its application as well to civil as to criminal
causes

On the other hand again, this be constitutional benefit —
by far the most important of the benefits which it is
in the power of Jury trial to confer and, secure — this
principal benefit, Scotland has all along possessed, and would
welcome to possess without the extension of this mode of
trial to civil causes — to any oth causes other than those
to which in Scotland it extends at present.

Identifier: | JB/035/131/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-24	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	131	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10724
Box Contents